N.D. Admin. Code 51-01-02-16

Current through Supplement No. 394, October, 2024

Section 51-01-02-16 - Prehearing conferences in adjudicatory matters

In order to provide an opportunity for a settlement of a proceeding in an adjudicatory matter, or any of the issues therein, there may be held at any time prior to or during hearings before the board or a hearing officer such informal conference of parties for the admission and consideration of facts, arguments, offers of settlement, or proposals of adjustments as time, the nature of the proceeding, and the public interest may permit. To expedite the orderly conduct and disposition of any hearing, and at such prehearing conferences as may be held, there may be considered, in addition to any offer of settlement or proposals of adjustment, the possibility of the following:

1. The simplification of issues.

2. The necessity or desirability of amendment to the pleadings.

3. The exchange and acceptance of service of exhibits proposed to be offered in evidence.

4. The obtaining of admissions or stipulations of facts not remaining in dispute, or the authenticity of documents which may properly shorten the hearing.

5. The limitation of the number of witnesses.

6. Such other matters as may properly be dealt with to aid in expediting the orderly conduct of the proceeding.

The board with or without motion may direct that a prehearing conference be held. Upon motion by a party, the hearing officer may direct the parties to such proceedings to appear for a prehearing conference. Due notice of the time and place of such conference will be given to all parties to the proceeding. Upon conclusion of a prehearing conference, the parties shall immediately reduce the results thereof to the form of a written stipulation which recites the matters agreed upon, and the original and five copies shall be filed with the board. Any such stipulation may be received in evidence at a hearing and, when so received, shall be binding on the parties with respect to the matters therein stipulated.

General Authority: NDCC 28-32-05

Law Implemented: NDCC 4-18.1-20

N.D. Admin Code 51-01-02-16